Imus and CBS Radio “have mutually agreed to settle claims that each had against the other regarding the Imus radio program on CBS,” the network said in a statement Tuesday.

The terms of the settlement will not be disclosed, according to the CBS statement.

The settlement pre-empts the dismissed radio personality’s threatened $120 million breach-of-contract lawsuit.

CBS confirmed only that the settlement had been reached. The person familiar with the talks told The Associated Press that Imus is taking steps to make a comeback with WABC. The person, who spoke on condition of anonymity because the details had not been announced, also said the deal with CBS calls for a “non-disparaging” agreement that forbids the parties from speaking negatively about each other.

The settlement and possible comeback come more than four months after Imus created an uproar over his racist and sexist comments about the Rutgers women’s basketball team.

Just before his dismissal, Imus signed a five-year, $40 million contract with CBS Radio (owned by CBS Corp.). Famed First Amendment lawyer Martin Garbus said in May that Imus planned to sue CBS for $120 million in unpaid salary and damages.

WFAN, the New York radio station that was Imus’ flagship, also announced Tuesday that former pro quarterback Boomer Esiason will take over the morning time slot along with Craig Carton, a New Jersey radio personality.

WABC is a New York talk-radio station that features political and topical shows with such stars Sean Hannity and Rush Limbaugh.

Imus, 66, was dismissed April 12 after describing the Rutgers women’s basketball team as “nappy-headed hos” on his nationally syndicated radio program, which was also simulcast on MSNBC. (General Electric Co.’s cable TV channel now has the “Morning Joe” program with Joe Scarborough.)

Garbus had said Imus would sue for the contract’s unpaid part. He cited a contract clause in which CBS acknowledged that Imus’ services were “unique, extraordinary, irreverent, intellectual, topical, controversial.”

The clause said Imus’ programming was “desired by company and … consistent with company rules and policy,” according to Garbus

Imus buddy Bo Dietl dropped heavy hints on a radio show over the weekend that the aging shock jock will be back at WFAN no later than September. That would mean a mere five months of wandering in the wilderness for the I-Man, who was fired in April by CBS Radio and MSNBC after calling female college basketball players “nappy-headed hos.”

Sharpton, of course, played no small part in Imus’s downfall, even inviting the man onto his radio show to apologize to viewers only to declare his apology inadequate. Yet the Rev. tells Radar he would not oppose Imus’s return this fall.

“My position is that we never called for him to be permanently barred from being on the air,” he says. “We’ll see when he comes back, and if he comes back, what are the boundaries and what is the understanding. We’ll be monitoring the situation, but we wanted him to pay for being a repeat abuser, and he paid. We never said we didn’t want him to make a living.”

As for the claim that Imus is seeking a black comedian to “take the sting out” of his racial humor, Sharpton says, “A sidekick is not cover. What he needs to give him cover is his own conscience and whether he’ll live up to the apology he gave those Rutgers girls.”

okay with that.Imus buddy Bo Dietl dropped heavy hints on a radio show over the weekend that the aging shock jock will be back at WFAN no later than September. That would mean a mere five months of wandering in the wilderness for the I-Man, who was fired in April by CBS Radio and MSNBC after calling female college basketball players “nappy-headed hos.”

Sharpton, of course, played no small part in Imus’s downfall, even inviting the man onto his radio show to apologize to viewers only to declare his apology inadequate. Yet the Rev. tells Radar he would not oppose Imus’s return this fall.

“My position is that we never called for him to be permanently barred from being on the air,” he says. “We’ll see when he comes back, and if he comes back, what are the boundaries and what is the understanding. We’ll be monitoring the situation, but we wanted him to pay for being a repeat abuser, and he paid. We never said we didn’t want him to make a living.”

As for the claim that Imus is seeking a black comedian to “take the sting out” of his racial humor, Sharpton says, “A sidekick is not cover. What he needs to give him cover is his own conscience and whether he’ll live up to the apology he gave those Rutgers girls.”

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Radio host Don Imus is going to sue CBS for $120 million, according to a draft copy of the complaint obtained by ABC News’ Law & Justice Unit.

The suit is expected to be filed next week.

Former FCC commissioner Kathleen Abernathy said Imus’ comments were “definitely in bad taste and inappropriate language.”

“But in order to prohibit such language, it has to rise to the level of being legally profane, and I do not think that it rises to that level because of our legal history of protecting free speech.”

A draft copy of Imus’s lawsuit says that the network expected him to be controversial and irreverent under the terms of his contract. And he claims Imus’s show was on a five second delay that allowed the network to censor him if they wanted.

The draft points out that Imus wasn’t fired for two weeks after the remarks were made.

Meanwhile, four former FCC commissioners contacted by ABC News say they do not believe that the speech was actionable under current federal guidelines that prohibit profanity or indecency on public airwaves.

Imus was fired April 12, after he made insensitive remarks about the Rutgers women’s basketball team.

Martin Garbus — a powerful First Amendment lawyer who represented controversial comedian Lenny Bruce — said he would file a complaint against the network in the days ahead.

In a statement released by CBS in response to news stories about the impending lawsuit, CBS said that “We terminated Mr. Imus for cause. Based on the comments in question and relevant contract terms, we believe that the termination was appropriate and CBS would expect to prevail in any attempt by Mr. Imus to recover money for his actions.”

The network is expected to rely on a clause in the radio talk show host’s contract that says he can be terminated for ‘just cause’ if CBS determines that he used “distasteful or offensive words or phrases, the broadcast of which [CBS] believes would not be in the public interest or may jeopardize [the networks’s] Federal license to operate…”

But Garbus, who has successfully defended hundreds of high profile First Amendment cases, said CBS still breached Imus’ contract when the company fired him.

He cited a section of his client’s employment contract today that says Imus’ “services to be rendered … are of a unique, extraordinary, irreverent, intellectual, topical, controversial and personal character … and … these components are desired by Company and are consistent with Company rules and policies.”

While the lawsuit focuses on the contract, hovering above the dispute is the question of whether Imus’s comments put the network in jeopardy with the FCC – which has been uncharacteristically aggressive in policing the airwaves in recently years.

One former FCC commissioner who spoke to ABC News suggested that CBS had gotten exactly what it had bargained for.

“The issue is one more of extremely poor judgement than it is an FCC issue,” said ex-commissioner Harold Furtchgott-Roth. “That’s what Imus’ schtick has been for years.”

Former commissioner James Quello concurred, telling ABC News that he thought “it was a mistake and that [Imus] had a First Amendment right to be wrong.”

And former commissioner Gloria Tristani said she did “not believe that what [Imus] said would rise to the level of what [the FCC] has found profane of late. … But they are very fact-specific inquiries.”

Was Imus Warned?

Imus’ contract also stipulated that he must be given a warning in writing before being fired for stepping over the line.

It’s unclear whether CBS had privately warned the radio talk show host about his language. Garbus says Imus wasn’t warned. And it’s also unclear whether the FCC would actually penalize CBS and/or its affiliates over Imus’ comments remains unclear.

Current FCC chairman Kevin Martin told a congressional panel last month that “Imus’ comments were obviously very, very offensive and were indeed more offensive than some of the indecency remarks that have been made that the commission has fined people for in the past. But I think it’s important to understand that the commission doesn’t fine any broadcaster for anything related to how offensive what they say is.”

However, Martin also indicated that these kinds of issues could be raised in the context of a station’s license renewal.

“When stations have their license coming up for renewal, the community that they serve has an opportunity to complain about the broadcasters and how they’ve used their license,” he said.

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“The majority of Negro political leaders do not ascend to prominence on the shoulders of mass support. Although genuinely popular leaders are now emerging, most are selected by white leadership, elevated to position, supplied with resources, and inevitably subjected to white control. The mass of Negroes nurtures a healthy suspicion toward these manufactured leaders.” –Dr. Martin Luther King, Jr.

A tsunami of outrage has been blazing in the last ten days since Don Imus, Radio Shock jock and Harold Ford, Jr benefactor singled out the Rutgers Women’s Basketball Team with a racist and sexist epithet.In the midst of the firestorm, Tennessee’s black prince, corporate whore and senator-in-waiting, released the following obligatory and gutless statement:

I don’t want to be viewed as piling on right now because Don Imus is a good friend and a decent man. However, he did a reprehensible thing.His comments about the Rutgers women’s basketball team were hurtful and wrong. Moreover, the comments robbed these young women of an important time to celebrate a magnificent and positive moment in their lives.

I am a big believer in redemption, and I understand that Don has done many good deeds in his life.Yet, no amount of philanthropy gives anyone the license to offend innocent people—particularly when it comes to matters of race and gender.So I’m going to follow the lead of those brilliant and gracious women of the Rutgers basketball team and wait and see how the next two weeks unfold. I certainly hope Don can come to understand better the pain he has caused these young women and their families, and I will leave it to others to decide how his future in media should play out.

Is it any wonder that I have lampooned Harold as”Harold Whore, Jr” and “the Whore?”

The statement is brilliant in the way it deftly positions him as an acceptable House Negro and corporate servant, unlike Jesse Jackson and Al Sharpton.Its brevity is telling and its faint praise and politically expedient criticism of Don Imus was not what the Anus in the Morning was hoping for. The Anus in the Morning needed a lifeline and instead, the Whore pushed his head under the water until he drowned.Harold Ford, Jr doesn’t intend to sacrifice a seat in the world’s most exclusive club for Don Imus.While grateful for the endorsement and exposure Imus provided, and God knows he enjoyed his time as Imus’s nappy-headed Ho, Harold has no use for a John that can’t pay.

Cavorting with the Anus in the Morning and his merry band of on air racists allowed Harold Ford, Jr entrée and unfettered access to the media elite of this country also prominently featured on the program as guests.He could rub shoulders with those elitist D.C. journalists and New York Media powerhouses in the green room.Most importantly, he could shamelessly appeal to a white demographic that was entertained by the Anus in the Morning’s racist satire and confirmed in their bigotry.

Before all the contretemps, everything was smooth sailing for corporate whore extraordinaire Harold Ford, Jr.After 10 years of metaphorically swinging around a pole in the House of Representatives doing nasty favors in exchange for corporate cash in his g-string, the Whore felt that his apprenticeship was done and that he was ready for the big time.

The Whore understands how power operates in this society and in whose interests. Ours is a capitalist society that comes with all of the attendant drawbacks and moral compromises, which stratify our society along, racial and class lines. He understands that for him to ascend to higher office, he must first genuflect to power and service it better than a crackhead ho on his knees. Dr. Michael Parenti, author of “Land of Idols” has eloquently written, “The problem with capitalism is that it best rewards the worst part of us: the ruthless, competitive, conniving, opportunistic, acquisitive drives, giving little reward and often much punishment-or at least much handicap-to honesty, compassion, fair play, many forms of hard work, love of justice, and a concern for those in need.”

Ruthless, competitive, conniving, opportunistic, and acquisitive are all adjectives, which couldn’t be better in describing the essential character of the Whore.In short, he loves the game and doesn’t give two sh$ts about anybody but himself.Ain’t no way in hell he intends to be sidetracked by compassion or pushing some good-government crap designed to help those in need.

Any whore who doesn’t understand the art of seduction is not really a professional but an amateur.The Whore is anything but amateurish; he is a consummate professional.He set his sights on Don Imus and the Media elite that surrounded him and he conquered them all. Don Imus’s unapologetic racism was a minor peccadillo that the Whore ignored because the D.C. and New York power elite shared the same views.For the Whore, its all about the acquisition of power.

Jack White of Time Magazine told TomPaine.com’s Philip Nobile, “Imus will be untouchable as long as influential journalists and politicians turn a blind eye to the tide of racism and sexism that passes for satire on his program.Their tolerance of his nauseating brand of humor raises serious doubts about the mainstream media’s sensitivity to a range of racial and social issues.The problem isn’t really Imus; it’s his collaborators, who go along with him to flack their books and stoke their egos, selling out whatever principles they claim to believe in for personal profit. To hell with all of them.”

MSNBC wants to spin what they’ve done in suspending and subsequently firing Don Imus from his morning simulcast on the network. They’ve patted themselves on the back and claimed that internal pressure from unnamed African American and female staff, and not external outrage and the termination of major corporate advertising on Imus’s program dictated the decision to discharge Imus by the MSNBC News president Steve Capus.

Parenti has noted, “With command over organizational structure, personnel, and budget comes command over the practices and content of the institution.Those who call the tune may not be able to exercise perfect control over every note that is played, but individuals who stray to far from the score, who create too much cacophony, eventually find themselves without pay or position.” MSNBC News President Capus said that his decision “…was about trust. It’s about reputation. It’s about doing what’s right.” BULL****.

The truth of the matter is that Philip Nobile at TomPaine.com has been crusading against Imus for the last seven years. Every single one of Imus’s heavyweight journalistic regulars has been contacted and confronted about his racism, sexism, and homophobia.They have been asked point-blank to disavow Imus’s bigotry and to stop appearing on the program.Objectionable content was no secret to those who regularly appeared on the program or any network executive who ever freakin’ listened to the program; they never felt the need to confront it or him.

Parenti postulates that, “One widely accepted myth is that we have a free and independent press in the United States. In truth, the print and broadcast media are giant profit making conglomerates, owned and controlled by powerful banks and rich, conservative individuals.The reporters and editors who work for them learn to see the world with much the same blinders as owners, advertisers, corporate heads, and White House and Pentagon officials.Journalists think twice before delving into sensitive areas.They worry about having their copy cut and rewritten, and about being removed from choice assignments, passed over for promotion, or fired. The consequence is that coverage is limited and certain questions never get asked….”

Don’t let anybody fool you about the Anus in the morning’s tactics and battle plan.He intended to do his show his way and anybody who believed anything different was delusional and as far as he was concerned and could kiss his ass.After too many over-the-top skits and one of his producers calling the Williams sisters “animals” more suited to National Geographic than Playboy, he needed a good little sycophant and lawn jockey like Harold Whore, Jr to chat up, promote, and serve as window dressing.After being called out in 1997 for using the N-Word by Mike Wallace on 60 minutes, you’d think the Whore woulda steered clear.Naw, because the Whore ain’t got no shame.Never had and never will.

Imus initially was given a two-week suspension, to start Monday, for calling the Rutgers women’s basketball team “nappy-headed hos” on the air last week, but outrage continued to grow and advertisers bolted from his programs.

“There has been much discussion of the effect language like this has on our young people, particularly young women of color trying to make their way in this society,” CBS President and Chief Executive Officer Leslie Moonves said in announcing the decision. “That consideration has weighed most heavily on our minds as we made our decision.”

Rutgers women’s basketball team spokeswoman Stacey Brann said the team did not have an immediate comment on Imus’ firing but would be issuing a statement later Thursday evening.

Time Magazine once named the cantankerous broadcaster as one of the 25 Most Influential People in America, and he was a member of the National Broadcaster Hall of Fame.

But Imus found himself at the center of a storm after his comments. Protests ensued, and one by one, sponsors pulled their ads from Imus’ show. On Wednesday, MSNBC dropped the simulcast of Imus’ show.

The Rev. Al Sharpton and Jesse Jackson met with Moonves to advocate Imus’ removal, promising a rally outside CBS headquarters Saturday and an effort to persuade more advertisers to abandon Imus.Sumner Redstone, chairman of the CBS Corp. board and its chief stockholder, told Newsweek that he had expected Moonves to “do the right thing,” although it wasn’t clear what he thought that was.

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NEW YORK – Bruce Gordon, former head of the NAACP and a director of CBS Corp., said Wednesday the broadcasting company needs a “zero tolerance policy” on racism and hopes talk-show host Don Imus is fired for his demeaning remarks about the mostly black Rutgers women’s basketball team.

He’s crossed the line, he’s violated our community,” Gordon said in a telephone interview with The Associated Press. “He needs to face the consequence of that violation.”

He said he had spoken with CBS chief executive Leslie Moonves and hoped the company, after reviewing the situation, would “make the smart decision” by firing Imus rather than letting him return to the air at the end of a two-week suspension beginning next Monday.

“We should have a zero tolerance policy when it comes to what I see as irresponsible, racist behavior,” Gordon said. “The Imus comments go beyond humor. Maybe he thought it was funny, but that’s not what occurred. There has to be a consequence for that behavior.”

Imus triggered the uproar on his April 4 show, when he referred to the Rutgers players as “nappy-headed hos.” His comments have been widely denounced by civil rights and women’s groups, and two sponsors, Staples Inc. and Procter & Gamble Co., have pulled their advertising from the radio show.

Gordon said that as a matter of principle, firing Imus should be an easy decision to make, though he respects the right of CBS leadership to consider all factors, including legal and financial repercussions.

“When I look at it from my position as a director, where my responsibility is to represent the best interest of the shareholders, it’s more complex,” Gordon said. “But at the end of the day, the image of CBS is at risk. … the ad revenue of CBS could be at risk.”

“What I expect is for management to take the next two weeks to do their homework,” he said. “I hope that the result of their due diligence is to terminate Don Imus.”

The radio show originates from WFAN-AM in New York City and is syndicated nationally by Westwood One, both of which are managed by CBS Corp. MSNBC, which simulcasts the show on cable and is a part of NBC Universal, says it will watch to see whether Imus changes the tenor of future programs.

Neither Bruce Gordon or Sumner Redstone will be ignored. Imus will be gone before his suspension is up. The pressure from the bailing advertisers alone is enough to kill his show, and his $10 million paycheck dead. But if that isn’t sufficient, perhaps scrolling through TOM PAINE. COM’s Imus Archive is. They have been crusading for his ouster and recording his bigotry for the last seven years.

In a statement, NBC News announced “this decision comes as a result of an ongoing review process, which initially included the announcement of a suspension. It also takes into account many conversations with our own employees. What matters to us most is that the men and women of NBC Universal have confidence in the values we have set for this company. This is the only decision that makes that possible.”

For those of you who question the morality of MSNBC’s decision to kill Imus’s program, read the following.

“In 1997, during a “60 Minutes” profile, Mike Wallace confronted Imus and a former producer who quoted Imus as saying he’d hired a staffer to “do nigger jokes.” When I mentioned that earlier this week on ESPN’s Pardon the Interruption, Imus responded on his show that it simply did not happen — though I see it in a 2000 issue of the Columbia Journalism Review and had a producer access it through a transcript (also the audio version) on National Public Radio.

Wallace: “You’ve told Tom Anderson, the producer, in your car coming home that Bernard McGuirk is there to do nigger jokes.'”

Imus: “Well, I’ve . . . I never use that word.”

Wallace: “Tom?”

Tom Anderson: “I’m right here.”

Imus: “Did I use that word?

Anderson: “I recall you using that word.”

Imus: “Oh, okay, well then I used that word, but I mean . . . of course that was an off-the-record conversation . . .”

Wallace: “The hell it was.”

So, you’ll excuse me if I dismiss Imus’s apology as bogus. He’s apologized in the past, told veteran black journalist Clarence Page on the air he would “promise to cease all simian references to black . . . black athletes.” That was before Imus went back to the ape references, probably within a week.”